Hot Topics:

Boulder County settles election lawsuit by allowing more access to ballot observers

By Mitchell Byars, Camera Staff Writer

Posted:
10/29/2012 10:26:31 AM MDT

Updated:
10/29/2012 08:17:26 PM MDT

Boulder County Clerk Hillary Hall heads into the courtroom at the Boulder County Justice Center for a hearing in a lawsuit brought by Ralph Shnelvar over ballot watching on Monday, Oct. 29, 2012. (Mark Leffingwell / Daily Camera)

Boulder County Clerk Hillary Hall agreed Monday to allow observers more access to the ballot counting process during the 2012 general election.

Boulder County Libertarian Party chairman Ralph Shnelvar had filed a lawsuit alleging that Hall violated state law earlier this month by denying authorized election watchers' ability "to meaningfully observe the handling" of mail-in absentee ballots and the ballots that active-duty members of the military and citizens living overseas have been sending back.

The case was scheduled for a hearing Monday morning before Judge Maria Berkenkotter, but attorneys for both sides were able to reach an agreement without the hearing.

Under the agreement, vote watchers will be able to stand 4 feet from the computer screens used for signature verification. Previously, the watchers could stand 4 feet from the person sitting in front of the computer screens.

Hall also agreed to provide daily logs and screenshots of mail-in ballots and ballots returned by voters under procedures set forth in the Uniformed and Overseas Citizens Absentee Voting Act.

There will now also be two bipartisan judges when possible in the signature verification process, as opposed to one judge submitting an escalation form when a dispute arises.

Hall said she was happy the two sides were able to reach an agreement.

"We really were doing a majority of those things anyway," she said. "The watchers now will be a bit closer, and we will start off with two judges to a degree possible."

Shnelvar, who is also one of his party's election watchers, said while he didn't get everything he wanted, he was generally pleased with the terms of the agreement.

"I think we got as much as we could possibly get," he said. "There are no hard feelings. We didn't get everything we wanted, but we spared the court's time, and more importantly we did not risk making bad law."

Plaintiff Ralph Shnelvar heads into a courtroom for a hearing in a lawsuit against Boulder County Clerk Hillary Hall over election watchers' ability to observe the ballot count on Monday, Oct. 29, 2012.
(
MARK LEFFINGWELL
)

He said he was "extremely happy" about getting two bipartisan judges to watch the signature verification process, something he did not expect the two sides would agree on.

He also said he was pleased Hall agreed to abide by the Colorado Secretary of State's guidelines for processing Uniformed and Overseas Citizens Absentee Voting Act ballots. Shnelvar's attorney, M. Robin Repass, said they were ready to argue whether the guidelines were binding, but Hall agreed to treat them as binding in the agreement.

"That was a big thumbs-up for us," Shnelvar said. "We want to make sure elections are open and honest. People have a right to know elections are being handled not only honestly, but accurately and verifiable in its honesty."

Shnelvar did say he wished he had gotten a more explicit agreement from Hall about watchers' access to the scanning room.

"We still belong there, and the law says so," he said. "But that's a battle for another day."

Both sides also agreed to pay their own legal costs in the case. The Independence Institute, a Denver-based Libertarian-leaning think tank, is financially assisting Shnelvar's effort, paying for his attorneys -- lawyers from the Jackson Kelly PLLC firm.

"They really stuck their neck out for this," Shnelvar said.

The terms of the agreement only apply to the 2012 general election, and Hall agreed as voting methods evolve, the rules involving watchers must as well.

"I think this points to a bigger conversation we need to have as a state," Hall said. "A majority of people vote by mail. We took the process we had for polling locations, but we're starting to see some instances in which that doesn't work. When the Legislature starts up again, I think there will be many conversations on this important topic."

Shnelvar said that while the agreement was a "huge win," there were more discussions to be had.

"I think the watchers perceive or feel that they have been marginalized," he said. "I think what happened today got us closer."

Knights pick up first playoff win since '14BOULDER — This year's Fairview boys basketball team sure is full of surprises.
After losing five of their first eight games, the Knights rebounded to finish the regular season on a 13-2 run and found a way to win the Front Range League regular season championship. Full Story

The Boulder alt-country band gives its EPs names such as Death and Resurrection, and its songs bear the mark of hard truths and sin. But the punk energy behind the playing, and the sense that it's all in good fun, make it OK to dance to a song like "Death." Full Story